LESSON 2
RELEASE OF MEDICAL INFORMATION
Section I. GENERAL
2-1.
BACKGROUND INFORMATION
a. Compliance with Regulations. Medical records are a unique form of military
records. The information the records contain is accessible and medical personnel handle
these records daily. For this reason, it is essential that medical personnel know and
comply with the regulations and policies pertaining to safeguarding and the release of
information from these records. Generally speaking, the policy of the Department of the
Army is to release this information whenever possible as long as its release is in
accordance with applicable regulations. Despite this policy to accommodate the public,
the rights of the individual and of government must be considered. Therefore, an
unauthorized release of information can subject an offender to both civil and criminal
prosecution.
b. Ownership of Medical Records. Medical records generated within the Army are
the property of the U.S. Government just as records of civilian hospitals are the property of
the individual hospital. While both the patient and the physician have an interest in the
records, this interest does not in any way affect the ownership of the records. Medical
records belonging to the government are subject to control in the manner prescribed by
laws and regulations for government documents. Furthermore, medical records have a
special status because they contain information of concern only to the individual and the
physician. In addition to the restrictions imposed by law or regulation, there are certain
ethical or moral considerations. Since examinations and treatments for those in the
military are compulsory and the individual has limited freedom to choose his own
physician, hospital, or treatment, medical personnel in military medical treatment facilities
(MTFs) bear a greater moral responsibility to protect patients against unlawful disclosure of
information than do their counterparts in civilian medical treatment facilities.
c. Explanation of Terms.
(1) Private information. "Private information" is information that belongs only to
the patient. Such information is not open to public scrutiny; if divulged, it can cause the
patient personal embarrassment or harm.
(2) Confidentiality. Information gained through examination or treatment of a
patient is private and confidential and must be guarded. The term "confidentiality" applies
to the privacy of medical information and is not the same as that defined by the security
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